Practice Groups

To Enjoin or Not to Enjoin: What's Come of the Test Since eBay?

It has been six years since the Supreme Court's opinion in eBay Inc. v. MercExchange, LLC1 altered the analysis for awarding injunctions in patent litigation. Before eBay, patent holders who succeeded in proving liability enjoyed presumptive entitlement to injunctive relief, and that presumption had translated into many district courts categorically issuing injunctions. In fact, before reversal by the Supreme Court, the Federal Circuit articulated this "general rule" in its own eBay opinion. There, the Federal Circuit explained that "permanent injunction[s] will issue once infringement and validity have been adjudged," and a permanent injunction should be denied only in "exceptional circumstances." 2

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